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(영문) 춘천지방법원 2015.04.02 2014고단1352

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 24, 2014, at around 03:30 on September 24, 2014, the Defendant saw two vehicles to the victim E (the 53 years of age) (hereinafter “D”), who is an employee of the Defendant, during drinking alcohol at the main point of “D” in Chuncheon City, but refused it, and the victim said that “I wish to die”, and collected the beer bottle, which is a dangerous object for breaking the beer’s disease on the table, and boomed the beer’s disease, and boomed the victim’s neck with the victim’s hand, and boomed at one time.

Accordingly, the Defendant carried with him a shoulder beer cloak, which is a dangerous object, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution with respect to F;

1. Statement of the police statement of E;

1. Application of statutes on site photographs;

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime, Article 260 (1) of the Criminal Act;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. The reason for sentencing under Article 62 (1) of the Criminal Act (the following grounds for sentencing) of the suspended sentence;

1. The scope of recommendations on the sentencing criteria [the types of crimes] and the area of mitigation [the scope of punishment and sentence] of habitual repeated crimes (special mitigation factors] and the area of mitigation of punishment [the scope of punishment and sentence of recommendation];

2. The crime of this case, which was determined to be sentenced, is an assault against the victim while carrying a shoulder beer disease, which is a dangerous object of the defendant. However, the crime of this case, which the defendant led to the confession of the crime of this case and violates his depth. The crime of this case seems to have been committed contingently, the defendant agreed with the victim, the victim does not want the punishment of the defendant, and the defendant has no record of criminal punishment of suspension of qualification or heavier punishment since 197, and there is no other record of criminal punishment of suspension of qualification or heavier punishment, the defendant's age, character, character, environment, and circumstances.